Alaska Statutes 12.62.900 – Definitions

In this chapter,

(1) “agency” means a criminal justice agency;

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Terms Used In Alaska Statutes 12.62.900

action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Arrest: Taking physical custody of a person by lawful authority.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Conviction: A judgement of guilt against a criminal defendant.
Dependent: A person dependent for support upon another.
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060

(2) “automatic data processing” has the meaning given in Alaska Stat. § 44.21.170;

(3) “board” means the Criminal Justice Information Advisory Board;

(4) “commissioner” means the commissioner of public safety;

(5) “complete” means that a criminal history record contains information about the disposition of criminal charges occurring in the state and entered within 90 days after the disposition occurred;

(6) “correctional treatment information” means information about an identifiable person, excluding past conviction information or current offender information, collected to monitor that person in a correctional facility or while under correctional supervision, including the person’s current or past institutional behavior, medical or psychological condition, or rehabilitative progress;

(7) “crime involving domestic violence” has the meaning given in Alaska Stat. § 18.66.990;

(8) “criminal history record information” means information that contains

(A) past conviction information;

(B) current offender information;

(C) criminal identification information;

(9) “criminal identification information” means fingerprints, photographs, and other information or descriptions that identify a person as having been the subject of a criminal arrest or prosecution;

(10) “criminal justice activity” means

(A) investigation, identification, apprehension, detention, pretrial or post-trial release, prosecution, adjudication, or correctional supervision or rehabilitation of a person accused or convicted of a crime;

(B) collection, storage, transmission, and release of criminal justice information; or

(C) the employment of personnel engaged in activities described in (A) or (B) of this paragraph;

(11) “criminal justice agency” means

(A) a court with criminal jurisdiction or an employee of that court;

(B) a government entity or subdivision of a government entity that allocates a substantial portion of its budget to a criminal justice activity under a law, regulation, or ordinance; or

(C) an individual or organization obligated to undertake a criminal justice activity under a written agreement with an agency described in (A) or (B) of this paragraph; as used in this subparagraph, “organization” includes an interagency or interjurisdictional task force formed to further common criminal justice goals;

(12) “criminal justice information” means any of the following, other than a court record, a record of traffic offenses maintained for the purpose of regulating drivers’ licenses, or a record of a juvenile subject to the jurisdiction of a court under Alaska Stat. Chapter 47.12:

(A) criminal history record information;

(B) nonconviction information;

(C) correctional treatment information;

(D) information relating to a person to be located, whether or not that person is wanted in connection with the commission of a crime;

(13) “criminal justice information system” means an automatic data processing system used to collect, store, display, or transmit criminal justice information, and that permits information within the system, without action by the agency maintaining the information, to be directly accessed by another principal department of the state, another branch of state government, an agency of another state or the federal government, or by a political subdivision of a state or the federal government;

(14) “current offender information” means information showing that an identifiable person

(A) is currently under arrest for or is charged with a crime and

(i) prosecution is under review or has been deferred by written or oral agreement;

(ii) a warrant exists for the person’s arrest; or

(iii) less than a year has elapsed since the date of the arrest or filing of the charges, whichever is latest;

(B) is currently released on bail or on other conditions imposed by a court in a criminal case, either pretrial or post-trial, including the conditions of the release;

(C) is currently serving a criminal sentence or is under the custody of the commissioner of corrections for supervision purposes; “current offender information” under this subparagraph includes

(i) the terms and conditions of any sentence, probation, suspended imposition of sentence, discretionary or mandatory parole, furlough, executive clemency, or other release; and

(ii) the location of any place of incarceration, halfway house, restitution center, or other correctional placement to which the person is assigned; or

(D) has had a criminal conviction or sentence reversed, vacated, set aside, or has been the subject of executive clemency;

(15) “department” means the Department of Public Safety;

(16) “dependent adult” means an adult with a physical or mental disability who requires assistance or supervision with the activities of daily living;

(17) “information” means, unless the context clearly indicates otherwise, data compiled within a criminal justice information system;

(18) “interested person” means a person as defined in Alaska Stat. § 01.10.060 that employs, appoints, or permits a person to serve with or without compensation in a position in which the employed, appointed, or permitted person has or would have supervisory or disciplinary power over a minor or dependent adult;

(19) “nonconviction information” means information that an identifiable person was arrested or that criminal charges were filed or considered against the person and

(A) a prosecutor or grand jury has elected not to begin criminal proceedings against the person and at least a year has elapsed since that decision;

(B) criminal charges against the person have been dismissed or the person has been acquitted and at least a year has elapsed since that action; or

(C) there is no indication of the disposition of the criminal charges or the arrest and at least a year has elapsed since the arrest, filing of the charges, or referral of the matter for review by a prosecutor, whichever is latest;

(20) “past conviction information” means information showing that an identifiable person who has been unconditionally discharged has previously been convicted of a crime; “past conviction information” includes

(A) the terms of any sentence, probation, suspended imposition of sentence, or discretionary or mandatory parole; and

(B) information that a criminal conviction or sentence has been reversed, vacated, set aside, or been the subject of executive clemency;

(21) “purge” means to delete or destroy information in a criminal justice information system so that there can be no access to the information;

(22) “seal” means to retain information in a criminal justice information system subject to special restrictions on access or dissemination;

(23) “serious offense” means a conviction for a violation or for an attempt, solicitation, or conspiracy to commit a violation of any of the following laws, or of the laws of another jurisdiction with substantially similar elements:

(A) a felony offense;

(B) a crime involving domestic violence;

(C)Alaska Stat. § 11.41.410 – 11.41.470;

(D)Alaska Stat. § 11.51.130 or 11.51.200 – 11.56.210;

(E)Alaska Stat. § 11.61.110(a)(7) or 11.61.125;

(F)Alaska Stat. § 11.66.100 – 11.66.130;

(G) former Alaska Stat. § 11.15.120, former 11.15.134, or assault with the intent to commit rape under former Alaska Stat. § 11.15.160; or

(H) former Alaska Stat. § 11.40.080, 11.40.110, 11.40.130, or 11.40.200 – 11.40.420, if committed before January 1, 1980.

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